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Initializing Secure Chambers
Petitioner: SULTAN MAHMOOD VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Mian Muhammad Najum-uz-Zaman Title: SULTAN MAHMOOD vs THE STATE Case No.: Criminal Miscellaneous No, 3070-B of 2002 Date of Judgment:2002-06-05 Reported As: 2002 YLR 3925 Result: Bail granted
Judgment ORDER Sultan, Mahmood petitioner seeks post-arrest bail in case F.I.R. No,293 of 2001 dated 6-10-2001, registered under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, at Police Station Bahlak, District Faisalabad. 2. The file of this case reveals that petitioner was admitted to bail after arrest by the Additional Sessions Judge, Faisalabad vide order dated 9-1-2002 but subsequently his bail was cancelled by the Sessions Judge, Faisalabad vide order dated 4-3-2002 on the ground of non-appearance of the petitioner on the day the trial of this case was fixed. 3. Learned counsel for the petitioner submits that on the relevant day petitioner was not aware of the fixation of the case before the Sessions Judge, that was the reason he did not appear and his bail was cancelled; that non-appearance of the petitioner before the Sessions Judge was a bona fide mistake on his part. Learned counsel for the State does not oppose this application. 4. The explanation given by the learned counsel about the non-appearance of the petitioner before the Thal Court when his bail was cancelled seems to the genuine. Even otherwise during the investigation petitioner Was found innocent. Similarly, the complainant of this case had also filed affidavit exonerating the petitioner, In this view of the matter this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the Trial Court.